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Maternity Benefit Practices at ACI Limited

Introduction:
Advanced Chemical Industries (ACI) Limited, being one of the largest conglomerates in
Bangladesh with a multinational heritage operates across the country through its four diversified
strategic business units. ‘ACI Pharmaceuticals’ is dedicated to improve the health of people of
Bangladesh through introduction of innovative and reliable Pharmaceuticals products. ‘ACI
Consumer Brands’ is adding value to the daily life of consumers through its Toiletries, Home
care, Hygiene, Electrical, Electronics, Mobile, Salt, Flour, Foods, Rice, Tea, Edible Oil, Paints
and International businesses. ‘ACI Agribusinesses’ is the largest integrator in Bangladesh in
Agriculture, Livestock, Fisheries, Farm Mechanization, Infrastructure Development Services and
Motorcycles. ‘ACI Retail Chain’ is the largest retail chain in the country operating through its
129 SHWAPNO outlets across the country by touching the lives of over 40,000 households each
day.
ACI practice modern HR Policies and procedures for Recruitment & Selection, Manpower
Planning and succession planning. ACI have attractive policies regarding car loan, gratuity,
provident fund and hospitalization. ACI offer performance bonus, leave fare assistance, festival
bonus and workers profit participation fund during different times within a year. Maternity Leave
Female management staff of ACI limited shall be eligible for maternity leave on account of
delivery of baby. Respective Department Heads will sanction such leave subject to this rule. A
medical certificate indicating the expected week of delivery should accompany the application.
Total leave will be of sixteen weeks, which will be distributed as eight calendar weeks before
and eight weeks after the date of delivery. Generally, Company discourages to break the normal
distribution of leave. However, for extenuating circumstances if the employee requests for any
other distribution of leave, Company may consider such request upon receiving written
advice/clearance from the consulting physician of the employee. A maximum of two Maternity
Leaves can be availed by a female employee during her entire period of service with the
Company.
Review of Literature:
Thus, maternity leave is an issue, since the majority women have child at their lives (Anam,
2008). “Maternity Benefit” means leave with wages granted to a female worker because of her
giving birth to a child (Paul, 2008). Maternity is a condition which requires differential treatment
to achieve genuine equality and, in this sense, it is more of a premise of the principle of equality
than a dispensation (ILO, 1996). Generally, maternity leave is available to mothers only
(Thevenon & Solaz, 2013). At first, maternity leaves were introduced to protect the health of
working mothers and their newborn child (Thevenon & Solaz, 2013), to protect female workers
from heavy work conditions, and later, to preserve job opportunities of young mothers who want
to return job after birth (Zhelyazkova, 2013). Parental leave or maternity leave is an important
employee benefit (Dessler, 2008). Maternity leave is important as future cognitive and emotional
development (Harris, 1983; Lewis & Brooks-Gunn, 1979); to improve the welfare of children,
and expansions, increase in the quantity and quality of child-parent interactions (Dustmann &
Schonberg, 2008, 2011). It is also important for the health and wellbeing of mothers and
children; child development; family formation and functionality; women’s labor-force
attachment and career progression; and gender equality in paid employment and the household
(Galtry & Callister, 2005; Carneiro et al., 2011; Whitehouse et al., 2008) and reducing maternal
and child mortality (Younes et al., 2012). Mostly it is important to facilitate breastfeeding and to
prevent some adverse health consequences for the mother and child (Barger et al., 2005); raise
the labor market participation (Bainchi, 2000; Gauther et al., 2004; Sayer et al., 2004; Kan et al.,
2011) and avoid many unobservable attributes that affect child development (Dustmann &
Schonberg, 2008, 2011; Carneiro et al., 2011). Maternity benefits promote children’s
development (Hays, 1996; Bainchi et al., 2006), increase level of gender inequality (Hook, 2010;
Lalive et al., 2011) and leave regulations guarantee the pre-birth job and offer financial support
(Lalive et al., 2011). There is significant evidence that child developmental outcomes are
generally better if mothers do not work, or do not work full time, in the first year of life; and
vice-versa (Brooks Gunn et al., 2002; Ruhm, 2004). In Bangladesh, workers got Maternity Leave
for 12 weeks (Maternity Benefit Act, 1939), then 16 weeks (Ministry of Labour and
Employment, 2006) and now 24 weeks (Department of Finance, 2012) with full pay whereas
some Asian countries like Iran 6 months, India 84 days (180 days for employees of Central
Government), Viet Nam 4 months; Singapore 16 weeks, Indonesia, Korea, China and Cambodia
90 days; Sri Lanka 12 weeks, Saudi Arab 10 weeks; Yemen, Malaysia and Philippine 60 days;
and UAE 45 days (ILO, 2010; Department of Personnel and Training, 2008; Sadek, 2012; BNG
Legal, 2010); some developed countries like Germany 42 weeks, Sweden 40 weeks, Norway 38
weeks, Greece 34 weeks, Canada 29 weeks, Finland 29 weeks and Japan 26 weeks. In USA, the
Family and medical leave Act of 1993 (FMLA) mandates up to 12 weeks of (potentially unpaid)
job protected leave, including parental leave, for many American workers. Other developed
countries provide leave between 11 to 26 weeks as Austria, Belgium, Denmark, France, Ireland,
Italy, Netherland, New Zealand, Portugal, Spain, Switzerland and United Kingdom (Long, 2012;
Ray et al., 2009). In the South America, maternity leave is paid as Brazil, 120 days in private and
180 days in public sector; Chile, Cuba and Venezuela 18 weeks; Costar Rica 16 weeks,
Argentina, Bolivia and Peru 90 days; Panama and Belize 14 weeks; Antigua, Barbuda and
Uruguay 13 weeks; and Colombia, Haiti, Mexico and Paraguay 12 weeks each. In the African
countries, maternity leave is paid as South Africa 4 months, Congo 15 weeks; Egypt and Libya
90 days; Algeria, Cameroon, Chad, Morocco, Mali, Senegal and Togo 14 weeks; and Ghana,
Nigeria and Zambia 12 weeks each (ILO, 2010; Pautassi & Rico, 2011). At present, Australia
introduced an 18-week paid maternity leave scheme starting from 2011 and UK paid 52 weeks
which is the longest in the world (Thevenon & Solaz, 2013; AusGov, 2010; NHS Staff Council,
2013). There are huge inequalities in maternity leave privileges across different countries. On
one hand, countries in Northern Europe; such as Sweden, Norway or Germany; mandate very
generous paid leave and long periods of job protection after birth. On the other hand, there are
few countries, such as United States, which have no paid leave mandate and offer little job
protection (Carneiro et al., 2011; Schober, 2012). In the global, Austria, Bulgaria, Denmark,
France, Netherlands, Spain, Switzerland etc. in Europe; Argentina, Brazil, Chile, Cuba, Mexico,
Peru, Venezuela etc. in South and North America; Algeria, Cameroon, Egypt, Morocco etc. in
Africa; and India, Indonesia, Iran, Korea, Malaysia, Singapore, Saudi Arab, Sri Lanka, Jordan
etc. in Asia provide 100% benefit; like these countries, Bangladesh also provides 100% benefit
to the female workers. In some countries, cash benefits are only available for a certain number of
births. In Malaysia, cash benefits are provided for a women’s first five children; in Egypt, three
times during a spell of employment; whereas in Bangladesh, only for two children in the whole
employment (ILO, 2010). In Bangladesh, there was some discrimination found in maternity
leave administration in few sectors. It was seen in the garment sector that most women were
restricted to leave their jobs after the birth of their children and if they hunted to start work again
in the same factory they would have to start as new employees with lower wages and salaries
instead of returning to their former positions; and some owners provided leave to their
employees but did not pay them as per the provisions of the Law (Anam, 2008).

Objective
This study shows a scenario of the maternity benefits practices at the different ACI on
Bangladesh context. Such kinds of studies are very poor in Bangladesh. This study helps to fill
up the existing research gap. The objective of this study is to evaluate the laws and
implementation of the maternity leave at the different ACI on different working position in
Bangladesh and also identify the level of termination, discharge, dismissing and discrimination
during employees leave period.

Laws of Maternity Leave


Local Laws: Right to, and Liability for, Payment of Maternity Benefit
1) Every woman employed in an establishment shall be entitled to and her employer shall be
liable for, the payment of maternity benefit in respect of the period of eight weeks preceding the
expected day of her delivery and eight weeks immediately following the day of her delivery:
Provided that a woman shall not be entitled to such maternity benefit unless she has worked
under the employer, for a period of not less than six month immediately preceding the day of her
delivery.
2) No maternity benefit shall be payable to any woman if at the time of her confinement she has
two or more surviving children, but in that case she shall be entitled to the leave to which she
would otherwise be entitled [Section-46].
Procedure Regarding Payment of Maternity Benefit
1) Any pregnant woman entitled to maternity benefit under this act may, on any day, give notice
either orally or in writing to her employer that she expects to be confined within eight weeks
next following and may therein nominate a person for purposes of receiving payment of
maternity benefit in case of her death.
2) Any woman who has not given such notice and has been delivered of a child, shall within
seven days, give similar notice to her employer that she has given birth to a child.
3) When a notice referred to in Sub-section 1 or 2 is received, the employer shall permit the
women to absent herself from work from the day following the date of notice in the case
mentioned in Sub-section 1; form the day of delivery in the case mentioned in Sub-section 2 until
eight weeks after the day of delivery.
4) An employer shall pay maternity benefit to a woman entitled thereto in such one of the
following ways as the woman desire, namely:
a) for eight weeks, within three working days of the production of a certificate signed by
registered medical practitioner stating that the woman is expected to be confined within eight
weeks of the date of the certificate, and for the remainder of the period for which she is entitled
to maternity benefit under this act within three working days of the production of proof that she
has given birth to a child; or
b) for the said period up to and including the day of delivery within three working days of the
production of proof that she has given birth to a child, and for the remainder of the said period,
within eight weeks of the production of such proof; or
c) for the whole of the said period, within three working days of the production of proof that she
has given birth to a child: Provided that a woman shall not be entitled to any maternity benefit or
any part thereof, the payment of which is dependent upon the production of proof under this sub-
section that she has given birth to a child, unless, such proof is produced within three months of
the day of her delivery.
5) The proof required to be produced under Sub-section 4 shall be either a certified extract from
a birth register under the births and deaths registration act, 2004 (XXIX of 2004) or a certificate
signed by a registered medical practitioner or such other proof as may be accepted by the
employer [Sction-47].

Amount of Maternity Benefit


1) The maternity benefit which is payable under this act shall be payable at the rate of daily,
weekly or monthly average wages, as the case may be, calculated in the manner laid down in
Sub-section 2, and such payment shall be made wholly in cash.
2) For the purpose of Sub-section 1 the daily, weekly or monthly average wages, as the case
may be, shall be calculated by dividing the total wages earned by the woman during the three
months immediately preceding the date on which she gives notice under this act by the number
of day she actually worked during the period [Section-48].

Restriction on Termination of Employment of a Woman in Certain Cases


If any notice or order of discharge, dismissal, removal or termination of employment is given by
an employer to a woman within a period of six month before and eight weeks after her delivery
and such notice or order is given without sufficient cause, she will not be deprived of any
maternity benefit to which she would have become entitled under this chapter [Section-50]
(Ministry of Labour and Employment, 2006)

Amended Maternity Leave


“Where a female Government servant applies for maternity leave, the authority mentioned in
rule 149 or, rule 150, as the case may be, shall grant such leave for a period of six months from
the date of commencement of the leave or her confinement for the purpose of delivery,
whichever is earlier”. This amended leave was effective from 09 January, 2011 (Department of
Finance, 2012)

Data and Methods


This is a cross sectional studies involving 50 female employees of all ages who have at least one
child and are experienced in maternity leave extracted from ACI Limited in Bangladesh. Data on
some selected socio-economic and maternity leave related factors have been collected through
questionnaire method at April, 2021.

Results and Discussion


Table 1. Socio-demographic and maternity leave related characteristics of employees at ACI:
Characteristics Frequency Percentage
Age Group 20 - 24 years 12 24
25 - 29 years 29 58
30 - 40 years 9 18
Education SSC pass 12 24
HSC pass 14 28
Higher 24 48
Current Place of Sub-urban 29 58
Living Rural 21 42
Monthly Salary ≤TK. 10000 23 46
TK. 10100 - 15000 20 40
>TK. 15000 7 14
Level of Present Job Managerial 1 2
personnel Officer 24 48
Field worker 25 50
Worth/Skill of Under training 2 4
Employee Trained 20 40
Experienced 28 56
Length of Present 1 - 2 years 12 24
Service 3 years 19 38
4 years 10 20
5 years and above 09 18
Rule of Maternity For 1st children 1 2
Leave at ACI s For 1st and 2nd 49 98
children
Duration of Maternity 3 months 15 30
Leave 4 months 35 70
Leave Permissible From the date of 49 98
joining
After conformation 1 2
Payment of Maternity With full pay 34 68
Leave With half pay 3 6
Without pay 13 26
Style of Maternity Before 50% and after 50 100
Leave 50%
Properly Enjoyed Yes 38 76
Maternity Leave No 12 24
Termination, dismiss Yes 10 20
or discharge due to No 40 80
Maternity Leave

The results of descriptive statistics have been demonstrated in Table 1 where the frequency with
percentage distribution of the selected socio-demographic and maternity leave related
characteristics of employees at ACI Limited is disclosed. It is observed from Table 1 that most of
the female employees (58%) are belonged to the 25 - 29 years of age groups. Also, 24% and 18%
employees are in the 20 - 24 years and 30 - 40 years of age groups respectively. There are 24%,
27% and 49% employees who have completed SSC, HSC and Higher level of education. It
implies that higher education plays a vital role to get the job at ACI, especially for females.
Among all employees, 58% and 42% are currently lived in sub-urban and rural areas
respectively. Again, there are 46%, 41% and 13% employees who get ≤TK. 10000, TK. 10100 -
15000 and >TK. 15000 as monthly salary respectively. Clearly, the salary structure of the
employees is not good enough because the livelihood costs is rapidly increasing in Bangladesh.
So, it is important to increase the salary structure of employees. It is also observed that the level
of job of female employees is not satisfactory. Only 2% employees are managerial personnel. In
case of officer and field worker, both contains equal personnel (49%). Of all employees, the
majorities (55%) are experienced personnel and the rests are in under training (5%) and trained
(40%). Again, there are 23%, 39%, 20% and 18% employees whose length of present service is 1
- 2 years, 3 years, 4 years and ≥5 years respectively. It implies that the number of employees
decreases with increasing the length of services. In case of maternity leave practices, it is
observed that only 1% employees have got the maternity leave for first children but the rests
(99%) have got this leave for first and second children, which implies that ACI follow the rule of
government in this case. But in case of duration of maternity leave practices, they don’t follow
the governments’ rule. Although the governments’ rule of duration of maternity leave in
Bangladesh is six months, ACI give three or four months leave which has been observed in this
study. Although the majorities (71%) have got four months as maternity leave, 29% of
employees have got three months. About all (99%) have got this leave from the date of joining
but 1% has got after the conformation of job. Clearly, it is also positive sign for job satisfaction.
It is also observed that the majorities (73%) have got any type of payment of maternity leave
where 67% get full payment and 6% get half payment of leave, but a remarkable number of
employees (27%) have not got any types of payment during leave. Since cash benefits of
maternity is legal rights of employees, ACI should have to give the full payment system.
However, ACI gives the before 50% and after 50% maternity leave which is observed in this
study. Although, most of the employees (76%) have enjoyed maternity leave properly, a
remarkable number (24%) have not enjoyed properly. In addition, 19% employees have been
terminated from ACI in Bangladesh due to maternity leave. So, it is important to ensure the job
of employees and ACI must follow the governments’ rule of maternity leave.

Conclusion and Recommendation


In this study, about half of the female employees belong to the 25 - 29 years of age groups
(58%) and have higher level of education (49%). Although higher education plays a vital role to
get the job particularly for females at ACI Limited, the salary structure of the employees is not
satisfactory because the living cost is rapidly increasing in this country. In addition, the level of
job of female employees is not satisfactory. There are only 2% managerial personnel. However,
the majorities are trained (40%) or experienced (55%) personnel. It is also remarkable that the
number of female employees decreases with increasing the length of services. In case of
maternity leave practices at ACI, almost all employees (99%) have got this leave for first and
second children and they have got three or four months as maternity leave period. Clearly, the
governments’ rule about duration of maternity leave is six months in Bangladesh but ACI does
not follow this rule properly. Moreover, a remarkable number of employees have not got any
types of payment during maternity leave (27%), have not enjoyed maternity leave accurately
(24%), and have been terminated, discharged or dismissed etc. at their send-off period (19%).
There has also found a strong positive correlation of employees’ age with education (61%),
monthly salary (72.1%) and length of service (58%); education with monthly salary (83.9%); and
monthly salary with length of service (26.3%) respectively. But, a negative correlation of
duration of maternity leave with age (26.4%) and length of service (34.1%) has also been found,
which clarifies that duration of maternity leave decreases with increasing employees’ age and
length of services. Therefore, it is recommended that ACI limited should practice the statute of
maternity benefits accurately. The findings of this study would be very helpful to the ACI and
Government; and other businesses to implement proper maternity benefits policies at their
organizations to ensure the satisfaction of the employees.

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